863 resultados para Freedom to offend


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In December 2007, random roadside drug testing commenced in Queensland, Australia. Subsequently, the aim of this study was to explore the preliminary impact of Queensland’s drug driving legislation and enforcement techniques by applying Stafford and Warr’s [Stafford, M. C., & Warr, M. (1993). A reconceptualization of general and specific deterrence. Journal of Research in Crime and Delinquency, 30, 123-135] reconceptualization of deterrence theory. Completing a comprehensive drug driving questionnaire were 899 members of the public, university students, and individuals referred to a drug diversion program. Of note was that approximately a fifth of participants reported drug driving in the past six months. Additionally, the analysis indicated that punishment avoidance and vicarious punishment avoidance were predictors of the propensity to drug drive in the future. In contrast, there were indications that knowing of others apprehended for drug driving was not a sufficient deterrent. Sustained testing and publicity of the legislation and countermeasure appears needed to increase the deterrent impact for drug driving.

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Involving the biopsy of an eight-cell embryo, PGD has been hailed as a means of making reproductive decisions without having to face the heart-wrenching decision to abort an affected foetus. However, controversy around the kinds of traits for which testing can be done, and who has access to the technology, has led to questions about the way in which the technology is developing. Women who are allowed to access in vitro fertilisation (IVF) services can currently also access PGD in limited circumstances.

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This article considers the origins and the development of the defence of experimental use in patent law - the ’freedom to tinker'. It explores the impact of such an exemption upon a number of important industries - such as agriculture, biotechnology, and pharmaceutical drugs. This article takes a comparative approach in its analysis of patent law and experimental use. It highlights the competing norms, and lack of harmonization between a number of jurisdictions - including the United States, the European Union, and Australia. Section 2 provides a critique of the development of the common law defence of experimental use in the United States. It considers a series of precedents - including Roche Products Inc v Bolar Pharmaceuticals, Madey v Duke University, Integra Lifesciences I Ltd v Merck KgaA, and Applera v MJ Research. Section 3 explores the operation of patent law and experimental use in European jurisdictions. It looks at a number of significant precedents in the United Kingdom, the Netherlands, France, Italy, and Germany. Section 4 considers the policy debate in a number of forums over the defence of experimental use in Australia. It examines the controversy over Genetic Technologies Limited asking research organisations to obtain a licence in respect of its patents associated with non-coding DNA and genomic mapping. It also considers the inquiries of the Australian Law Reform Commission and the Advisory Council on Intellectual Property, as well as the impact of the TRIPS Agreement and the Australia-United States Free Trade Agreement. The conclusion contends that there is a need for a broad-based defence of experimental use for all the member states of the Organisation for Economic Co-operation and Development.

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Higher education has progressed fairly steadily to a common pedagogical approach which centres on the idea of alignment. In this arrangement, intended learning outcomes are identified and declared; learning activities which will enable the desired learning and development to be achieved are conceived and undertaken with the support of appropriate and effective teaching; and assessment which calls for these outcomes is (ideally) carefully designed and implemented. All three elements are aligned in advance. The same principles and practices underpinned by notions of alignment have been applied to date in most of the purposeful schemes for personal development planning. In this chapter I argue that lifewide learning, wherein learning and development often occur incidentally in multiple and varied real-world situations throughout an individual’s life course, calls for a different approach, and a different pedagogy. Higher education should therefore visualise lifewide learning as an emergent phenomenon wherein the outcomes of learning emerge later on, and are often unintended. Consequently, they cannot be defined in advance of the activities through which they are formed. The main purpose of this chapter is to offer some practical ideas to support the development of pedagogies that would enable programme designers to embed in their programmes the principle and practice of lifewide education.

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War and Memory international conference- Poetics after ’45,
QUB, Belfast, June 2008

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Un résumé en français est également disponible.

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In our state of centralised control of the curriculum and high-stakes testing an examination subject's assessment objectives have become high profile. Some of the anomalous effects of this profile are shown in the teaching, question-setting, and marking of English literature. Glimpses of earlier times are revealed, all three secondary school key stages are considered, examination performances are discussed, and the views of beginning teachers about teaching to the test are sought.

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This paper reports on a PhD research project being undertaken through the Faculty of Education, Deakin University. Training Packages and the Australian Quality Training Framework (AQTF) form part of the ruling relations of VET, but how do they operate in practice? Do they provide frameworks within which training professionals are free to use judgement and respond in innovative ways to local learning and assessment contexts? Do they impose rigid 'guidelines' within which the decision-making authority of practitioners over appropriate practices is displaced by that of auditors, constraining creativity and creating pressures towards conformity? Or does their impact vary, depending on how they are interpreted and who is doing the interpreting? My PhD research explores issues relating to the use of Training Packages in workbased learning. Interview data suggests that, in practice, different training organisations respond very differently to a regulatory framework that aims to achieve national consistency. Some practitioners describe working in a compliance-driven environment, in which their ability to meet the needs of learners is stifled by standardised training and assessment practices imposed by Training Packages and the AQTF. This view is reflected in phrases such as 'you're not allowed to…', and 'you always feel uneasy because you've got AQTF compliance, inspections, auditors'. In contrast, other practitioners talk about having freedom to design learning and assessment programs for their particular target group and context, providing they stay within broad guidelines that guarantee national recognition of qualifications they issue. This view is reflected in comments such as 'it just leaves it open … to be as creative and flexible as you like', and 'It just gives us freedom'. This paper explores the proposition that the impact of these abstract and generalised texts is influenced by local interpretations, and it considers the role that organisational culture plays in determining these interpretations.